GDPR Policy
At OOTI, we take security and the confidentiality of your data very seriously. Since the beginning of our journey, we have housed your data in Europe in ultra-secured ways.Effective May 25, 2018 The General Data Protection Regulation (GDPR) will be applied in Europe. OOTI is fully committed to being compliant prior to the date GDPR goes into effect. We promise to safeguard your data. This new regulation creates consistent data protection rules across Europe. It applies to companies that are based in the EU and global companies that process personal data about individuals in the EU.While many of the principles build on current EU data protection rules, the GDPR has a wider scope, more prescriptive standards and substantial fines. For example, it requires a higher standard of consent for using some types of data, and broadens individuals' rights with respect to accessing and porting their data. It also establishes significant enforcement powers, allowing a company's supervisory authority to seek fines of up to 4% of global annual revenue for certain violations.
OUR GDPR COMPLIANCE PRACTICES ARE SUPPORTED BY 3 PRINCIPLES:
Value: Deliver business value by optimizing service efficiency with secure and scalable systems for collecting, storing and processing data.
Collaboration: Increase customer and partner awareness on regulation requirements, ensuring consistent application of data protection measures.
Continuity: Drive business performance through continuous improvement, best practices and innovation.
SOME ASPECTS OF THE GDPR PROGRAM AT OOTI:
If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which is part of the Service Data and processed by us on behalf of our Customer, you should direct your query to our Customer i.e, the controller. If you are a Customer of our Service(s) and wish to raise a Request on behalf of your Users and End-Users in connection with Service Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.
TRANSPARENCY
Our Privacy Policy will remain the single consolidated place that maps out the ways in which we process people's personal data, but we'll also provide education through consent experiences for new and existing users, and in-product notifications.
CONTROL
We'll continue to provide people with control over how their data is used. We'll also provide refreshers for people as they use OOTI through our email newsletter communication.
ACCOUNTABILITY
At OOTI, there exists an established Privacy Policy created with support from our leadership. Our leaders commit to support and provide guidelines for data protection compliance through a framework of standard policies and procedures. OOTI defines metrics for monitoring and governing health of the Privacy Notice which is independently run under the direct control of the Data Protection Officer (DPO).
KEY LEGAL BASES:
Under GDPR, there are a number of grounds to legitimise the processing of personal data. Below, we've outlined the most relevant legal bases under the GDPR.
Basis Requirements and product implications:
Contractual necessity
Data processed must be necessary for the Service and defined in the contract with the individual.
Consent
- Requires a freely given, specific, informed and unambiguous consent by clear affirmative action
- People have a right to withdraw consent, which must be brought to their attention
- Must be from a person over the age of consent specified in that Member State, otherwise given by or authorised by a parent/guardian
- Explicit consent is required for some processing (e.g., special categories of personal data)
Legitimate interests
- A business or third party must have legitimate interests which are not overridden by individuals' rights or interests.
- Data processing must be paused if an objection is raised by an individual
OOTI AS DATA CONTROLLER VS DATA PROCESSOR
Data controller
You are the data controller when you decide the "purposes" and "means" of any processing of personal data.
Similar to what's already in place for data protection law today, data controllers will have to adopt compliance measures to cover how data is collected, what it is being used for, how long it is being retained for and ensure that people have a right to access the data held about them.
Data processor
You are the data processor when you process personal data on behalf of a data controller.
Certain obligations now apply directly to data processors, and controllers must bind them to certain contractual commitments to ensure that data is processed safely and legally.
While OOTI operates the majority of its services as a data controller, there are some instances in which we operate as a data processor when working with businesses and other third parties. When OOTI is processing data as a data processor acting on your behalf, your business needs to have your own legal basis to process and share the data with us.
Examples include:
- Stripe (credit card payment processing)
- Site Usage analytics (google analytics and clicky)
Meeting compliance requires investments in time, effort, cost and expertise. The solution lies in being part of cloud or SaaS ecosystem, that is already operating on a secure model for data management. This provides a safe environment to manage and process your data, and also accommodate efforts required to keep pace with changing policies.
DATA HOUSING
Your data is housed with Amazon Web Services (AWS) on their servers in Europe.
These data centers are equipped with inverters and generators, video surveillance systems and motion detection.
Their access is strictly controlled and limited to authorized persons with RFID badges.In addition, OOTI hosts your data in your country of practice when it is technically possible and when you are interested in RGPD standards.
OOTI's physical infrastructure is hosted and managed in Amazon's secure data centers and uses AWS (Amazon Web Service) technology on servers in Europe.
Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards.
Amazon's data center operations have been accredited under:
ISO 27001
SOC 1 et SOC 2 / SSAE 16 / ISAE 3402 (anciennement SAS 70 Type II)
PCI niveau 1
FISMA Modéré
Sarbanes-Oxley (SOX)
For more information : https://aws.amazon.com/security
PCI
We use the Stripe compliant payment processor for encryption and processing of credit card payments. OOTI's infrastructure provider is PCI Level 1 compliant. For more information : https://stripe.com/docs/security/stripe
Data security
Redundancy. Your data is replicated to other geographically remote data centers. In case of failure of one of them, access to your data automatically switches to another server and allows you to always have access to your data.
Backups. Your data is backed up once a day. These backups are kept for 3 months in case of need of data restoration.
Encryption.
Data passing between your terminal and our servers is encrypted using certificates:
Let's Encrypt Authority X3 avec une clé 2048-bit RSA.
May 15, 2018, 8 a.m.
Article 1: Definition
The terms used below shall have the following meanings, whether they are used in the single or plural form.
- " Application » : means the tracking application offered by AXONEPRO allowing to access certain Services;"
- AXONE PRO ”: means the French simplified joint-stock company (société par actions simplifiée), AXONEPRO SAS, with a share capital of 5,000,000 euros, registered with the Trade and Companies Register of Nanterre under No. 834 181 992 and whose registered offices are located at 15, Rue Jeanne Braconnier – 92360 Meudon (France), which publishes the Website and Application and offers the Software and the Services;
- " Account “: means the user account created under the conditions provided for in Article 5 of the General Terms and Conditions of Subscription, accessible from the Website and enabling the User to subscribe to and use the Services;
- " General Terms and Conditions of Subscription ”: means the general terms and conditions of subscription defining the terms and conditions of subscribing to the Services through the Website by the Users;
- " General Terms of Use ”: means these terms governing the use of the services by the Users;
- " Login Details ” means the login ID and confidential code or password enabling the User to access their Account;
- " Software ” means the architecture agency management software named “OOTI” belonging to AXONEPRO and accessible from the Website;
- " Confidentiality Policy ”: means the AXONEPRO confidentiality policy accessible under the heading “Confidentiality Policy” on the Website;
- " Services ”: means the services offered by AXONEPRO through the Software and enabling Clients to obtain administrative management solutions regarding business processes, particularly through several features. To access to a complete list of Services, click here: https://ooti.co/en/fonctionnalites/
- " Website ”: means the AXONEPRO website available at the following address: https://www.ooti.co and from which the Clients may sign up for and use the Services. The Website includes in particular all IT components (particularly software and IT developments and Web pages, including programmes in source and object code, preliminary design work, specifications, and preliminary studies, the user documentation regarding the use and operation of the website), the graphic charter (including projects, models, prototypes, and plans), the infrastructure, as well as the content (particularly the texts, sounds, still or animated images, videos, and databases);
- " Smartphone ”: means smart mobile phones used to access applications through an internet network;
- " Tablet ”: means touch screen devices used to access applications through an internet network;
- " User ”: means any natural person or legal entity who has created an Account as a professional and who accesses and uses the Services.
Article 2: Purpose
The purpose of the General Terms and Conditions is to define the terms and conditions under which the Clients subscribe to the Services accessible through the Software. The General Terms and Conditions are systematically brought to the attention of Clients in order to enable them to access and use the Services. They apply exclusively to any subscription request accepted by AXONEPRO and take precedence over all other terms and conditions, with the exception of the special terms and conditions that have been expressly accepted by AXONEPRO especially when placing the order. Therefore, any other condition is not binding upon AXONEPRO until it is confirmed in writing by AXONEPRO.
IMPORTANT: NOTE TO CLIENTSANY SUBSCRIPTION TO THE SERVICES FROM THE WEBSITE IMPLIES THE EXPRESS, PRIOR, FULL, AND UNCONDITIONAL ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS. BY TICKING THE BOX: “I have read and agree to the general terms and conditions of subscription, the terms of use, and the confidentiality policy” AND/OR BY SIGNING THE PURCHASE ORDER, THE USER ACKNOWLEDGES THAT THEY ARE BOUND BY ALL OF THE GENERAL TERMS AND CONDITIONS.
Article 3: Offers
3.1- The subscription offers are those accessible on the Website under the “Pricing” tab. They are valid as long as they are available on the Website.
3.2- AXONEPRO offers several subscription plans detailed on the “Pricing” page of the Website, available at the following address: https://ooti.co/en/prix/
Furthermore, AXONEPRO offers bespoke subscription plans including in particular additional support services during the installation of the Software and a dedicated and unlimited customer service. To do so, the Clients may obtain a customized quote by referring to the “Pricing” tab and on “Premium” category click on the “Contact us” tab accessible on the Website.
3.3- The information regarding subscription plans, of any type, supplied by AXONEPRO can be viewed on the Website at the time of purchase of the subscription.
3.4- AXONEPRO reserves the right to modify the subscription plans offered, without prejudice to prior subscriptions made by the Clients.
Since the Software, Application, and/or Services are subject to change, AXONEPRO reserves the right to modify the specifications, characteristics, and contents of subscription plans, for any reason whatsoever, or to withdraw one of the Services from the subscription plans.
These modifications and/or withdrawals may occur at any time without advance notice, including after the Clients subscription if these modifications result from the application of any standards, legislation or regulation and/or in the event of a problem, particularly a technical issue, related to the Software, Application, and/or Services.
Lastly, AXONEPRO reserves the right to make improvements and/or correct any mistake in the content of the subscription offers.
Article 4: Subscription Prerequisites
4.1- To be able to subscribe to the Services from the Website, Clients must:· Have an internet connection;
- Be the holders of an internet subscription giving them access to the Website, with it being understood that only the Client is responsible for the related costs;
- Warrant that they have the legal capacity to sign up, and particularly have reached the age of majority and have the necessary authority to commit the company that they represent;
- Not be competitors of AXONEPRO and/or not be subscribing for the purposes of competing with AXONEPRO, fraudulently, and/or in a way that harms the interests of AXONEPRO;
- Be the authorised holder of the credit/debit cards that will be used to pay for the subscription and that such cards give access to sufficient funds to cover the amount of the subscription;
- Have created an Account according to the terms provided for in Article 5 of the General Terms and Conditions.
4.2- AXONEPRO may not be held liable in the event of a subscription to the Services by persons who do not meet the conditions provided for in Article 4.1 of the General Terms and Conditions.
Article 5: Creating an account
5.1- Prior to signing up for any subscription, the Clients must create an Account on the Website.
To do so, they must go to the Website, click on the “Sign up” tab and fill in the required information at each step including identification information (first name, surname, email) and create a password.
At the end of the account creation process, Clients are invited to tick the “I have read and accepted the General Terms and Conditions and the confidentiality policy” box then to click on the “Sign up” tab.
The Clients will then arrive on a verification page asking them to verify their email address and then receive a welcome email prompting them to click on the words, “click here” to confirm their email address.
Once this confirmation has been made, the Clients will arrive on a new page, where they must:
- fill out information regarding their company, and in particular, the following information: · Company name · Company type · Company size · City/Town · Country · Currency · Telephone No.
- Click on the “Next” tab.
5.2- The Clients agree to supply true, accurate, up-to-date, and complete information regarding their identity and the identity of the company they represent, in accordance with Article 6-II of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy.
In particular, the Clients agree not to create a false identity that may mislead AXONEPRO or third parties and not to usurp the identity of another individual or legal entity. The Client agrees to immediately update the information they have provided in the event of any change in said information.
5.3- If the Clients provide false, inaccurate, erroneous, outdated, incomplete, deceitful or misleading information, AXONEPRO may immediately suspend or cancel their Account without notice and deny the Clients access, on a temporary or permanent basis, to the Website, and/or the Application, and/or the Software, and/or the Services. Furthermore, AXONEPRO cannot be held liable in the event of the non-performance and/or partial performance of the subscription pursuant to the provision of information of such nature.
5.3- The Account is accessible using the Clients Login Details, which are placed under their exclusive responsibility. The Clients are under the obligation to keep them secret and not to disclose them in any form whatsoever. If any one of the Login Details is lost or stolen, the Clients must immediately inform AXONEPRO, who will then cancel and/or update the login involved.
The Clients are wholly responsible for maintaining password confidentiality. In this respect, the Clients are responsible for making sure, at the end of each session, that they have effectively signed out of the Website and/or Application, particularly when accessing the Website on a public computer.
5.4- In case their password gets lost, the Clients can reset it through the Website by going to the “Login” tab and clicking on “Forgotten password?”
Article 6: Subscription
6.1- Specificities: The subscription to the Services enables each Client with an Account to use the Services based on the chosen subscription plan.
The subscription is granted per Account, with it being understood that only one Account per Client may be created.However, the Clients can give access to the Account to as many users they wish for such users to use the Services. Where applicable, the Clients are solely responsible for the access they grant.
6.2- Trial period : Prior to any subscription, AXONEPRO offers a trial period by Account to its Clients so that they can use the services corresponding to one of the subscription plans. It is hereby specified that each Account can only receive one trial period regardless of the number of subscriptions plans the Clients have subscribed to. In order to use the trial period, the Clients must go to the “Pricing” tab on the Website, select a subscription plan and click on “Try for free.” Clients must then create an Account under the terms of Article 5 of the General Terms and Conditions.
The trial period is free and without commitment. It is valid for a fixed period of time as detailed on the Website starting from the set-up of the Account by the Clients and from the moment they click on “Try for free.” At the end of said trial period, the Clients may still access their Account and export the data available on the Account, however, they will no longer have access to the Services. If the Clients would like to receive the Services, they will have to subscribe to a subscription plan under the terms of Article 6.3 of the General Terms and Conditions.
6.3- Signing up to a subscription plan
6.3.1- To sign up from the Website, the Clients must first create an Account under the conditions defined in Article 5 of the General Terms and Conditions and access their dashboard. From the dashboard, Clients must click on the “Activate your subscription” tab and select the desired subscription plan.The dashboard is then updated with the subscription plan selected and the Clients are prompted to move on to payment, according to the terms provided for in Article 7 of the General Terms and Conditions.
6.3.2- The Clients could also subscribe to a personalized subscription plan by making a request directly to AXONEPRO. In this aim, Clients could refer to the Website's “Pricing” page and obtain a customized quote by clicking on the “Contact us” tab on the “Premium” category. Subscription requests will generate a purchase order detailing the subscription plan, the Services as well as the additional services, the duration of the subscription and the terms of payment. The subscription will only trade once the purchase order has been returned, signed by the Clients.
6.3.3- AXONEPRO reserves the right to refuse subscriptions to all Clients in the event of (i) the Services being unavailable, (ii) the existence of a dispute between the Clients and AXONEPRO regarding a previous account and/or the payment of AXONEPRO invoices, (iii) if the Clients having a business in competition with that of AXONEPRO and/or if they are subscribing for the purpose of developing a business in competition with that of AXONEPRO.
Article 7: Financial terms and conditions
The Clients are informed that signing-up to the subscription plans is chargeable.
The prices of the various subscription plans for the Services are displayed on the Website and are expressed in euros (€) excluding taxes, mentioning the applicable VAT rate where applicable.
Applicable prices applicable are those in effect at the time the Clients sign up for the Subscription and depend on the plan selected.
AXONEPRO reserves the right to change the prices displayed on the Website at any time. Where applicable, the Services will be invoiced to the Clients at the prevailing price on the subscription date.
Article 8: Invoicing and payments
8.1- Means of payment
Unless special terms and conditions agreed between AXONEPRO and the Clients when placing the order, the subscription is payable:
- By credit or debit card (Visa, Discover Card, Mastercard, American Express). The Clients card number, the name of the card holder, the expiry date and the cryptogram are entered from the Clients Account.AXONEPRO cannot be held liable in case of fraudulent use of the payment methods used.Upon receipt of the subscription and/or options request, a request to debit the bank account will be sent to the paying agency. The subscription and/or its renewal will be validated when the Client's bank indicates to AXONEPRO that the payment has been taken into account and made.
- By bank transfer, from the information provided on the Website and/or the Application when the Clients selects the method of payment.
- By monthly direct payment;
- By bank transfer then by monthly direct payment.
8.2- Invoices
Unless special terms and conditions agreed between AXONEPRO and the Clients in the order, the sums owed by the Clients are the subject of invoices issued monthly and/or annually by AXONEPRO based on the subscription period selected. The invoices are issued in the name of the Clients and are sent via email to the address entered by the Clients when signing up for their subscription and/or are available upon written request from AXONEPRO accounting department at the following address: [email protected].
8.3- PaymentFor payments by debit card or credit card, the Clients will be charged the pre-defined sum automatically every month, until they cancel the subscription in accordance with the conditions stipulated in Article 10.2 of the General Terms and Conditions.
For payments by bank transfer, the Clients must issue a transfer order from their bank to AXONEPRO using the information provided on the Website and/or the Application when selecting the payment method of. The transfer must be accompanied by the order references of the subscription offer. Any transfer costs will be payable by the Clients.
For monthly direct payment, the Clients must complete a SEPA Direct Debit Mandate authorizing AXONEPRO to collect the amounts due. In addition, this mandate must be signed and returned to AXONEPRO.
8.4- Default of payment / Late paymentIf a debit is denied by the bank or if another mean of payment is denied, the subscription shall not be final, and the Clients shall contact AXONEPRO customer service in order to pay the subscription by any other mean of payment. Otherwise, the Clients’ subscription will be automatically cancelled.In addition, if so, AXONEPRO reserves the right to suspend or cancel the subscription without engaging its responsibility. If applicable, payments to be made until the end of the subscription will be immediately due.
Article 9: Effective date/length of the subscription to the services
Unless special terms are agreed upon between AXONEPRO and the Client when placing the order, subscriptions are valid for a set period of time starting from the receipt of the payment and depending on the plan selected by the Client:
- for a period of one (1) month renewable automatically by tacit renewal for successive periods of one (1) month, unless the subscription is cancelled by the Client or by AXONEPRO according to the terms under Article 10.2;
- for a period of one (1) year renewable automatically by tacit renewal for successive periods of one (1) year, unless the subscription is cancelled by the Client or by AXONEPRO according to the terms under Article 10.2.
Furthermore, Clients are informed that if the subscription is cancelled by the Client or by AXONEPRO before the end of the contractual period under way, the balance of sums owed by the Client to AXONEPRO until the end of the contractual period become payable immediately.
Article 10: Modification/cancellation/deletion of the subscription
10.1- Modification
Clients with a subscription have the option of modifying their Subscription to the Services at any time for a higher level or lower-level subscription.
To do so, Clients must access their dashboard on their Account. From the dashboard, Clients must click on the icon representing a person, click on the “Subscription” tab on the drop-down menu and select the desired subscription plan.
Once the subscription plan has been changed, they can confirm the change by clicking on the “Save” tab.
Changes to the subscription plan will take effect immediately and the Clients will be invoiced, on a prorata basis of the former plan for the past period and, on a prorata basis of the new subscription plan chosen for the upcoming period.
10.2- Cancellation and Suspension
10.2.1- The subscription to the Services can be cancelled by the Clients directly on the Website from the Clients Account.Cancellation requests can be made by giving a minimum of twenty-four (24) hours' notice before the subscription renewal date.The cancellation will then automatically be effective at the end of the contractual period under way.
10.2.2- AXONEPRO reserves the right to cancel and/or suspend the subscription to the Services without advance notice in the event of:
- non-payment
- use of the Software and/or the Application and/or the Services by the Clients not in compliance with the general terms of use of the Software;
and this, without AXONEPRO being held liable and/or the Clients being able to claim for any compensation.
Where applicable, the cancellation and/or suspension will be notified to the Clients by email and the payments to be made until the end of the subscription will be payable immediately.
Article 11: Account deactivation
11.1- The Clients’ account will remain active as long as:
- the Clients are registered on the Website;- the Clients pay for the subscription to the Services.
Once the Clients no longer pay for the subscription, access to the Services is disabled, with it being understood that the Client may still access their Account but will not have access to the Services unless they sign up for and pay for another subscription to the Services.
11.2 -The Client retain the right to disable, at any time, their Account on the Website.
To do so, the Clients must send an email to the following address: [email protected] asking to disable their Account. A copy of their ID may be requested in order to prevent identity theft.
Access to the Account will end on the anniversary date of the subscription.
11.3- Unsubscribing and/or deleting an Account is permanent, and the Account being deleted irreversibly, personal data connected with said Account are automatically deleted and cannot be recovered.
Unsubscribing and/or deleting an Account does not prevent Clients from resubscribing and creating a new Account.
11.4- In the event of non-compliance with the obligations resulting from the acceptance of the General Terms and Conditions, payment incidents regarding the price of an order, the provision of inaccurate information when setting-up an account, or actions which could harm the interests of AXONEPRO, AXONEPRO reserves the right to suspend access to the Website and/or Software and/or Application and/or Services without notice, or, depending on the severity of the actions, to delete the Clients’ Account without opening rights to claim for damages.
Article 12: Website access and availability
The Website is accessible twenty-four (24) hours a day, seven (7) days a week.
However, due to the nature of the internet, AXONEPRO cannot guarantee the functioning of and access to the Website seven (7) days a week, twenty-four (24) hours a day.
AXONEPRO reserves the right to interrupt the operation of the Website at any time with or without notice, particularly for corrective and upgrade maintenance operations thereof, or to develop the content or presentation thereof and/or for any other legitimate reason. Insofar as possible, AXONEPRO will inform Clients prior to any corrective or upgrade maintenance operation.
Additionally, Clients acknowledge that the Website may be interrupted for reasons beyond the control of AXONEPRO and that AXONEPRO therefore cannot guarantee continuous access to the Website.
In any event, AXONEPRO cannot be held liable for any interruption and/or malfunction of the Website, regardless of the cause.
Clients are asked to inform AXONEPRO of any technical issues that they may encounter when browsing and/or using the Website, by writing to the following address and describing the problem encountered: [email protected].
Article 13: Changes to the general terms and conditions
AXONEPRO reserves the right to modify the General Terms and Conditions at any time, particularly in order to take into account any legal, case law, editorial, functional and/or technical changes of the Software and/or the Website.
The version of the General Terms and Conditions that takes precedence is the version available online on the day the subscription is validated.
Any subscription by the Clients after the publication of amended General Terms and Conditions implies the acceptance by the Clients of the new General Terms and Conditions.
Article 14: Personal data
In accordance with the modified French Data Protection Act No. 78-17 of 06 January 1978, and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and the free circulation of this data, the Client is informed that AXONEPRO performs automated processing of their personal data for the purposes of using the Services, the processing, and management of sales relations, and the sale of subscriptions.
This data may be transferred to affiliates and/or companies controlled by AXONEPRO as well as to subcontractors who contribute to these relations for their management, performance, processing, and payment.
Each Client has a right of access, modification, correction, limitation, portability, and deletion over their data, as well as a right of opposition.To this end, they should write:
- by mail to the following address: OOTI - 15 Rue Jeanne Braconnier – 92360 Meudon - France;- or by email to the following address: [email protected].
It is recalled that, with regard to corrections and updates to data regarding their Account, the Clients may directly make the necessary changes and deletions on their own Account.
For further clarification, the Clients can read the “Confidentiality policy” section available on the Website.
Article 15: Intellectual property
15.1- The trademarks, logos, charts and animated contents on the Website and/or the Application and/or the Software are the exclusive property of AXONEPRO.
The subscriptions of the Services cannot entail any transfer of AXONEPRO intellectual property rights.
15.2- The Website and/or the Application and/or the Software contain texts, images, which are the exclusive property of AXONEPRO.
AXONEPRO personally grants the Clients the non-exclusive, non-transferable, free, right to use the Website, the Application, the Software and any associated software, being stated that they are forbidden to – directly or indirectly – copy, modify, create a derivative work, reverse, engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law), sell, attribute, sub contract, transfer in whichever way the rights attached to the Website, the Application, the Software and the associated software.
The Clients commit to not modify in any way the Website, the Application, the Software and the associated software and/or not to use an altered version of the latter and, including (but not limited to) in order to get a non-authorized access to the Website and/or the Application and/or the Software.
In case of a non-conform or abusive use of the Website, the Application and/or the Software, AXONEPRO reserves the right to bring a legal action in order to put an end to the violation of its intellectual property rights and to terminate the Client’s subscription and to unsubscribe and/or deactivate the Clients’ Accounts in the conditions provided under articles 10 and 11 above.
Article 16: Sales references
The Client expressly authorises AXONEPRO and its affiliate companies to use its name, logo, its trademark(s) and/or any distinctive mark as a sales reference, in any communications format of its choice, particularly on its Website and for the duration of the subscription taken out by the Client, and for a period of two (2) years following the end of their subscription.
Article 17: Proofs
The files, date and messages recorded in AXONEPRO computer systems will be admitted as proof of acts and facts that took place between AXONEPRO and the Clients.
The preservation of records shall be presumed to have taken place under reasonable conditions of security, unless proved otherwise, if the messages, data and other files are systematically saved on a reliable and durable support.
Article 18: Applicable law - Disputes
The General Terms and Conditions as well as the Service subscription agreements entered into via the Website are governed by French law.
For any issue and/or question concerning the subscription, Clients are asked to contact Customer Services in order to try to reach an amicable solution by emailing them at the following address: [email protected].
ALL DISPUTES REGARDING THE APPLICATION, INTERPRETATION OR PERFORMANCE OF THE GENERAL TERMS AND CONDITIONS AS WELL AS THE SUBSCRIPTION AGREEMENTS, OR THOSE THAT ARE THE CONTINUATION OR CONSEQUENCE THEREOF SHALL BE SUBJECT, WITH REGARD TO LEGAL ENTITIES, TO THE JURISDICTION OF THE COURTS OF PARIS, EVEN IN THE CASE OF THIRD-PARTY APPEALS OR MULTIPLE RESPONDENTS.
© OOTI